How do I file civil paperwork to dispute an asset so the vehicle cannot be driven?

Asked almost 2 years ago - Antioch, CA

I have a note with someone in which I agreed to give them a vehicle, however I was leaving for Iraq in a rush and I did not make sure that it included my end of the bargain. It states that I was gifting the vehicle and would not relinquish it. now the other party is not holding to their end of the bargain, but insisting that the car was a gift. What do I do? I have trying taking ownership of the vehicle, however law enforcement will not help me. They claim that the note override the title that I hold solely in my name.

Attorney answers (2)

  1. John Noah Kitta

    Contributor Level 19

    Answered . The pink slip is reigned supreme. If the pink slip is in your name, you have legal ownership of the vehicle. A side note agreement would have to be perfected in Court by the other party. If the police office is vetoing your pink slip by and through some sort of hand written agreement, then he is playing Judge and lawyer. He or she was not trained to do so. I believe the burden and duty is on the other party.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more
  2. Adrienne Patricia Allen

    Contributor Level 15

    Answered . Your question is confusing. You have said the note says you agreed to "give" them a vehicle. I assume you mean "sell" them a vehicle? Does the note say the other party has to pay you a sum of money for the vehicle? Did you receive money for the vehicle? An attorney would need to know more about what the note says and if anyone signed it, etc. Contact an attorney who can review this for you and provide some advice. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more

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